Attorneys representing the father and son accused of federal hate crime charges stemming from the death of Ahmaud Arbery have petitioned a judge to include Arbery’s criminal history and instances of “aggressive” behavior at the trial.
The legal team, which is defending Travis McMichael and his father, Greg McMichael, said Arbery was apprehended for a number of “theft crimes” and that he has a record consistent with “angry and aggressive” behavior both “physically and verbally,” according to the Associated Press.
Arbery, who was on probation at the time of his death, pleaded guilty to carrying a gun on a high school campus in 2013 and admitted to shoplifting a TV from Walmart in 2017, attorneys remarked.
A pair of law enforcement officers testified at the legal proceeding Wednesday and told the court Arbery became angry when he was questioned by authorities. A local business manager, Crystal Wilson, also recognized Arbery as someone who frequently stole food at her establishment. Arbery did not face charges for either of the allegations.
THREE MEN CHARGED WITH FEDERAL HATE CRIMES IN CONNECTION TO DEATH OF AHMAUD ARBERY
Judge Timothy Walmsley did not make a final decision on whether to include Arbery’s criminal past, and attorneys on both sides have been directed to submit written legal briefs over the next 20 to 40 days to argue their case.
Lawyers for the prosecution have insisted the information is irrelevant to the case, while defense counsel argued the behavior is “central” to the proceedings.
“It doesn’t matter what Mr. Arbery’s thoughts were … It doesn’t matter what his actions were,” prosecutor Linda Dunikoski said. “He was running away from these men.”
The McMichaels and William “Roddie” Bryan were indicted by a federal grand jury on April 28 and charged with hate crimes in addition to attempted kidnapping. All three pleaded not guilty to the federal hate crime charges on Tuesday.
In state court proceedings, the McMichaels pleaded not guilty to charges of malice murder, felony murder, aggravated assault, false imprisonment, and criminal attempt to commit a false imprisonment. Bryan Jr. pleaded not guilty to charges of criminal attempt to commit false imprisonment and felony murder.
The trio is accused of using “force and threats” to target Arbery “because of his race,” federal prosecutors said. Travis McMichael and Gregory McMichael face additional charges for brandishing a “.357 Magnum revolver” and a “Remington shotgun.”
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Arbery, a 25-year-old black man, was shot to death on Feb. 23, 2020, after he was pursued by the McMichaels, two white men who claimed at the time that they were trying to conduct a citizen’s arrest because they believed Arbery was the suspect involved in a series of local robberies in southeast Georgia. Cellphone footage of the confrontation taken by Bryan emerged online, apparently showing Arbery running around a white vehicle before being shot at twice.
Arbery’s death drew nationwide outrage in May 2020 when the footage of the incident was released, sparking protests and riots that were also fueled by the death of George Floyd at about the same time.
